8 

3 


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J> 
*> 

N 


BANCROFT 

LIBRARY 
<• 

THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


SPEECH 


OF 


MR.  M.  P.  GENTRY,  OF  TENNESSEE, 


ON  THE 


ADMISSION  OF  CALIFORNIA. 


DELl\  ERED  IN  THE  HOUSE  OF  REPRESENTATIVES,  MONDAY,  JUNE  10,  Io50. 


The  House  being  in  Committee  of  the  Whole,  and 
having-  under  consideration  the  President's  mes 
sage  in  relation  to  California, 

Mr.  GENTRY  addressed  the  committee  as  fol 
lows  : 

Mr.  CHAIRMAN:  Congress  has  been  in  session  six 
months,  occupied  almost  exclusively  with  the  ques 
tion  now  before  this  -"ommittee.  Other  questions 
of  public  interest,  various  and  important  in  their 
nature,  strongly  claim  the  attention  of  the  legisla 
tive  branch  of  the  Government,  but  are  excluded 
from  consideration.  By  a  war  with  Mexico  we 
have  acquired  vast  territories.  By  the  treaty  of 
Guadalupe  Hidalgo  we  have  bound  ourselves  to 
protect  the  people  of  those  territories;  to  secure  to 
them  all  the  rights  of  citizens  of  the  United  States; 
itnc  in  due  time  admit  them,  as  States,  into  the 
Union.  Repeated  efforts  have  been  made  to  redeem 
our  plighted  faith  in  this  regard,  but  in  every  in 
stance  causes,  which  I  will  develop  in  the  course  of 
my  rerrarks,  have  prevented  legislation.  We  be 
gin  to  realize  the  truth  that  the  policy  of  aggressive 
war — conquest  and  colonization — is  not  suited  to 
the  genius  of  our  government.  With  our  conquests 
there  comes  upon  us  thf  question,  shall  Congress 
prohibit  or  admit  slavery  in  the  Territories  we  have 
acquired?  It  is  a  question  fraught  with  discord  and 
danger.  It  has,  JM  a  great  djegrce,  alienated  the 
northern  and  southern  States,  and  made  disunion 
a  familiar  word  in  our  pofitical  vocabulary.  It  has 
paralyzed  the  Government,  and  threatens  its  de 
struction.  The  wisest  statesmen  and  most  san 
guine  patriots  tremble  for  the  safety  of  the  Repub 
lic.  What  policy  has  brought  us  into  these  dan 
gers?  Who  is  responsible  for  the  existing  state  of 
thing;?  Who  forewarned  the  country  of  this  cri 
sis?  Who — what  political  party  is  it  that,  being 
solemnly  forewarned,  nevertheless  blindly  and 
recklessly  persevered  in  steering  the  ship  of  state 
invo  its  present  perilous  condition?  These  areques- 
tiniift  which  I  propose  to  discuss  with  candor.  I 
intend  to  speak  what  I  think. 

In  debating  so  grave  a  subject,  I  would  not,  if 
left  to  choose  fur  myself,  introduce  questions  con 
nected  with  party  politics.  But  the  course  which 
gentlemen  on  the  -other  side  of  the  House  have 
thought  proper  to  pursue  leaves  me  no  choice  in 
this  respect.  They  t  ave  debated  the  subject  for 

GIDEON  &  (Jo., 


six  months,  and  nearly  all  who  have  spoken  on  that 
side  of  the  House  have  labored  to  fix  the  responsi 
bility  for  the  existing  state  of  things  on  the  Presi 
dent  of  the  United  States.  Differing  widely  as  to 
the  particular  acts  which  are  alleged  to  have  pro 
duced  the  present  state  of  affairs,  they  agree  in  as 
cribing  them  to  him.  While  one  gentleman  urges 
that  the  existing  difficulties  are  attributable  to  the 
position  which  he  occupied  when  a  candidate  for 
the  Presidency,  another  ascribes  them  to  the  advice 
which  he  has  given  to  the.  people  of  California  since 
his  election;  and  others  contend  that  all  would  have 
been  well  with  us  if  he  had  announced  in  his  an 
nual  message  his  purpose  to  veto  any  bill  that  might 
pass  the  two  Houses  of  Congress  inhibiting  slavery 
in  the  Territories  we  have  acquired  from  Mexico. 
The  brief  hour  to  which  I  am  limited  by  a  rule  of 
the  House  will  not  permit  rne  to  repel,  specifically, 
these  discordant  imputations;  but  I  will  endeavor 
to  vindicate  the  President  by  exhibiting  the  true 
causes  of  the  present  state  of  affairs,  and  by  fixing- 
the  responsibility  where  justice  and  truth  require. 
I  recognise  the  right  of  a  representative  of  the  peo 
ple  in  the  Congress  of  the  United  States  freely  to 
canvass  the  official  conduct  of  the  President,  and 
every  other  Executive  functionary,  and  hold  them 
to  a  rigid  responsioility  for  their  official  acts.  Jt  is 
a  right  limited  only  by  such  restrictions  as  truth, 
justice,  and  honor  impose.  If  these  virtues  have  not 
lost  their  influence  upon  the  public  mind,  the  ver 
dict  of  the  country  will  be,  that  the  President  is  in 
no  degree  responsible  for  producing  those  evils 
which  now  excite  the  public  anxiety. 

To  explain  thoroughly  and  fully  the  causes 
which  have  produced  the  sectional  excitements 
and  animosities  which  now  disturb  the  harmony  of 
the  Union  and  obstruct  the  legislation  of  Congress, 
it  is  necessary  to  go  back  to  a  period  when  the  rep 
resentatives  of  the  slaveholding  States,  mistaking 
the  true  policy  of  the  South,  violently  and  vehe 
mently  opposed  the  reception  and  reference  of  pe 
titions  for  the  abolition  of  slavery  in  the  District  of 
Columbia,  emanating  from  northern  abolition  so 
cieties,  and  finally  succeeding  in  procuring-  the 
adoption,  by  this  House,  of  a  rule  prohibiting  the 
reception  and  reference  of  those  petitions.  Previ 
ous  to  the  period  to  which  I  refer,  efforts  to  agi 
tate  the  public  mind  on  the  subject  of  slavery  wer« 


X   \ 


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confined  to  a  few  fanatics  in  the  non-slaveholding 
States,  who,  organized  into  abolition  societies,  were 
in  the  habit  of  forwarding-  to  Congress,  at  every 
successive  session,  petitions  for  the  abolition  of  sla 
very  in  the  District  of  Columbia,  where",  as  they 
contended,  Congress  had  full  power  over  the  sub 
ject.  They  were  few  in  number,  and  the  great 
body  of  the  northern  people ',  of  both  political  par 
ties,  neither  syrnpathiztd  nor  co-operated  with 
them.  But  the  unwise  course  pursued  by  southern 
representatives  with  respect  to  their  petitions  im- 

Sarted  to  that  handful  of  fanatics  a  power  and  in- 
uence  over  public  affairs  which  has  largely  con 
tributed  to  bring  the  country  into  its  present  con 
dition.  Petitions  on  the  same  subject  had,  from 
an  early  period  of  the  Government,  been  from  time 
to  time  presented,  received,  and  referred,  creating 
no  excitement  in  Congress  or  among1  the  people. 
It  were  well  for  the  country  if  the  same  mode  of 
treating  such  petitions  had  been  continued. 

But,  unfortunately,  the  southern  members  of 
Congress,  under  the  lead  of  the  late  distinguished 
Senai<  r  from  South  Carolina,  (Mr  CALHOUN,)  op- 
po.-ed  the  r.  ception  and  reference  of  those  petitions, 
placing-  their  opposition,  if  I  remember  correctly, 
upon  the  ground  that  the  Constitution  r>;d  not  con 
fer  upon  Congress  the  power  to  abolish  slavery  in 
the  District  of  Columbia,  and  that  the  reception  of 
petitions  praying  for  such  an  object  would  be  an 
implied  assertion  of  the  power  to  grant  the  prayer 
of  the  petitioners;  that  to  admit  the  existence  of 
such  power  in  Congress  would  be  fatal  to  the  inter- 
eats  and  rights  of  the  slaveholding  States  ;  and  that 
therefore  the  petitions  ought  not  to  be  received. 
Their  arguments  prevailed;  and  the  rule  prohibit 
ing-  the  r«  ception  ol  such  petitions  was  established. 
At  that  time,  the  late  ex- President  John  Quincy 
Ada  ins  was  a  member  of  this  House.  Descended 
from  a  sire  who  had  made  himsell  illustrious  by  his 
put  lie  services-!  in  the  Revolution—  himself  eminent 
for  high  ability  and  extensive  acquirements — vene 
rated,  especially  by  the  people  of  the  northern 
States,  fo.  his  private  virtues  and  public  serviced — 
he  put  himself  forward  upon  this  floor,  with  all  the 
weight  «  f  influence  rmtuiaily  attaching  to  one  so 
charnct* :nzt  d  and  distinguished^  as  the  champion 
of  me  constitutional  right  of  petition.  Distinctly 
declaring  himsell  oppo-ed  to  grunting  the  pray c  r 
ol  the  pi  titicners,  he  nevertheless  contended  that  it 
'  was  the  right  of  the  people  under  the  Constitution 
"  peaceably  to  assemble  and  petition  for  the  re- 
dre.-s  ol  grievarit  es;"  and  that  it  was  the  duty  of 
Congress  to  respectfully  receive,  refer,  and  con- 
sidt  r  their  petitions.  With  unexampled  inflexi 
bility  ol  character,  he  d<  voted  all  his  powers  to  the 
conti  st ;  and,  alter  a  struggle  characterized  by  the 
most  excited  and  disorderly  d»  bates  on  this  floor, 
and  protracted  through  a  petiod  of  several  years, 
that  rule  was  reseiiioetf.  Si  nee  then,  abolition  pe 
titions,  as  in  the  olden  time,  have  been  received  and 
relernd  every  day,  or  at  least  whenever  any  mem 
ber  has  chosen  to  present  them,  without  a  formal 
motion,  and  without  creating  the  least  excitement 
here  or  tlsewhere. 

In  ih-  progri  ss  of  that  struggle  thousands,  aye, 
hundreds  of  th.ou--.ands,  of  the  people  of  the  non- 
slav<  holding  Sta'es,  who  had  previously  scoffed  and 
derided  the  Abolitionists,  found  themselves  brought 
into  sympathetic  association  and  zealous  co-opera 
tion  with  them.  The  unwise  opposition  of  the  pub 
lic  men  of  the  South  to  the  reception  of  their  peti 
tion.-  had  raised  ihu  Abolitionists  into  respectable 
and  honorable  associations,  and  enabled  them  to 
appropriate  to  (heir  objects  the  seeming  champion 
ship  ol  Mr.  Adams,  and  to  identify  themselves  with 
a  question  thtt  addressed  itself  powerfully  to  popu 
lar  sympathies.  Aided  by  the  circumstances  to 
which  1  have  referred,  they  were  enabled  to  give 
such  a  direction  to  political  discussions  as  tended  to 


deepen,  and  strengthen,  and  diffuse,  far  and  wide, 
the  abstract  sentiment  of  hostility  to  slavery  pre 
existing  in  the  minds  of  the  northern  people. 
Meanwhile,  southern  demagogues,  under  the  im 
pulse  of  motives  not  dissimilar  to  those  which  ac 
tuated  the  Abolitionists,  had  been  equally  energetic 
and  successful  in  arousing  sectional  passions  and 
creatingsectional  hostility  It  was  when  demagogues 
and  fanatics  had  thus  "inflamed  and  excited  the 
prejudices  and  passions  of  the  North  and  the  South, 
that  the  question  of  annexing  the  Republic  of  Texas 
to  the  U:.'-ed  States  was  introduced  into  the  politics 
of  this  country.  Texas  had  proposed  to  annex  her 
self  to  the  United  States  during-  the  administration 
of  President  Jackson,  by  whom  the  proposition  was 
promptly  rejected.  She  renewed  the  proposition 
during  President  Van  Huron's  administration,  who 
likewise  promptly  rejected  it. 

In  the  year  1840  William  Henry  Harrison  was 
elected  President  of  the  United  States,  and  John 
Tyler  Vice  President.  In  one  month  after  he  was 
inaugurated  President  Harrison  died,  and  the  Vice 
President  became  the  President  of  the  United  States. 
I  need  not  dwell  upon  the  political  events  which 
followed  that  occurrence.  They  are  fresh  in  the 
r- collection  of  all  who  have  paid  aqy  attention  to 
public  affairs.  Mr.  Tyler  ref Js<  d  to  co-operate  with 
the  political  pa/ty  which  elected  him,  and;  by  a  se 
ries  of  Executive  vetoes,  prevented  the  adoption  of 
measures  of  public  policy  for  which  that  party  con 
sidered  itself  pledged  to  the  country.  They  de 
nounced  him  for  dishonorable  political  infidel 
ity;  and,  with  the  exception  of  some  half  dozen 
gentlemen,  the  Whig  members  of  Congress  placed 
themselves  in  hostile  opposition  to  the  President. 
Fierce  and  angry  denunciations,  criminations  and 
recririiinations.  became  the  order  of  the  day.  In 
the  midst  of  those  exciting  scenes,  a  distinguished 
Whig,  who  adhered  to  Mr.  Tyler  in  that  co  tro- 
versy,  made  a  remark  to  me  which  produced  a 
strong  impression- on  my  mind.  Between  that  gen 
tleman  and  myself  very  friendly  relations  had  ex 
isted.  He  haa  exhibited  some  anxi»  ty  for  me  to 
take  position  with  him  in  sustaining  Mr.  Tyler.  In 
the  conversation  to  which  I  am  referring,  tie  had 
been  seeking  to  ascertain  the  disposition  of  my 
mind  as  to  the  policy  of  annexing  Texas  to  the 
United  States,  and  while  speculating  on  that  sub 
ject,  he  remarked,  with  great  vehemence  of  man 
ner,  "  Mr.  Tyler  holds  in  h;s  hands  a  political 
question  with  which  he  can  at  any  time  destroy  the 
present  organization  of  political  parties."  The  full 
meaning  of  this  remark  was  ex^biined  when  Mr, 
Tyler  concluded  a  treaty  with  Texas,  by  the  pro 
visions  of  which  that  republic  agreed  to  surrender 
its  nationality,  and  become  one  of  the  States  of  this 
Union,  and  when  other  developments  showed  con 
clusively  that  it  was  his  aim,  by  means  of  Execu 
tive  patronage,  and  the  question  of  Texas  annexa 
tion,  to  abstract  from  4 he  Whig  and  Democratic 
parties  materials  for  a  third  political  party,  by  the 
support  of  which  he  hoped  to  be  eluded  to  the  high 
station  to  which  an  accident  had  elevated  him.  The 
treaty  being  conducted  and  submitted  to  the  Senate 
for  its  ratification,  that  body,  after  long  debate,  re 
fused  to  raiify  it.  It  was  supported  and  opposed, 
indiscriminately,  by  Whigs  and  Democrats.  It 
disturbed,  but  did  not  destroy,  the  existing  party 
organizations. 

The  period  was  approaching  when  the  political 
parties  of  the  country  were  to  assemble  in  conven 
tion  for  the  purpose  of  nominating  candidates  for 
the  Presidency  and  Vice  Presidency.  For  this  pur 
pose  the  Whig  party  and  the  Democratic  par  ty, 
respectively ,  assembled  in  convention  at  Baltimore; 
and  Mr.  Tyler  mustered  an  assemblage  there  also, 
about  as  numerous  and  respectable  as  that  famous 
company  with  which  Falstaff  was  ashamed  to  march 
through  Coventry.  Previous  to  the  assembling  of 


the  conventions,  the  universal  sentiment  of  the 
Whig-  party  had  designated  Mr.  Clay  as  their  can 
didate  for  the  Presidency;  and,  with  equal  unanim 
ity,  Mr.  Van  Buren  had  been  indicated  as  the  fa 
vorite  of  the  Democratic  party.  Each  of  these  dis 
tinguished  gentlemen  were  requested  to  make 
known  to  the  public  their  views  as  to  the  poliry  of 
annexing-  Texas  to  the  United  States;  and  both  of 
them  proclaimed  their  opposition  to  that  measure. 
The  Democratic  convention,  seeing-  that,  without 
some  new  question  capable  of  unsettling-  the  opin 
ions  and  purposes  of  the  people  with  respect  to  po 
litical  parties  and  public  men,  they  were,  doomed 
to  defe-it,  repudiated  Mr.  Van  Buren  and  nomi 
nated  Mr.  Polk,  because  he  had  expressed  himself 
in  favor  of  annexing-  Texas.  The  Whig  conven 
tion,  without  a  dissenting-  voice,  nominated  Mr. 
Clay.  Mr.  Tyler's ••onvontion  performed  the  work 
for  which  they  were  convened  by  nominating-  him; 
but  when  that  gentleman  discovered  that  the  Dem 
ocratic  party  had  robbed  him  of  the  hobby  with 
which  he  had  expected  to  ride  triumphantly  into 
the  Presidency,  he  withdrew  from  the  canvass. 
The  Democratic  party  entered  upon  the  canvass 
with  the  motto  inscribed  upon  their  party  banner: 
"THE  WHOLE  OF  OaEGON  AND  THE  ANNEXATION  OF 
TEXAS  " 

Mr.  Chairman,  I  am  endeavoring  to  exhibit  the 
causes  which*  have  brought  the  country  into  its 
present  difficulties,  and  to  tix  the  responsibility  for 
the  existing-  state  of  things  where  truth  and  justice 
require  it  U>  be  fixed.  Want  of  time  will  not  per 
mit  me  to  present  all  the  facts  needful  to  a  full  com 
prehension  of  the  argument.  I  beg  gentlemen  to 
remember  ail  that  the  i  on  rule  of  this  House  pre^ 
vents  me  from  detailing.  They  will  remember  the 
position  occup  ed  by  thrs  Whig  party  with  respect 
to  the  annexation  of  Texas,  when,  in  the  manner  I 
have  described,  that  was  made  a  purely  party  ques- 
tinn  in  the  Presidential  canvas  of  lt>44.  They  will 
remember  the  views  put  forth  by  the  Whigcandi 
date  (Mr.  Clay)  in  his  Raleigh  letter.  They  well 
remember  that  the  prominent  men  of  the  Whig 
party,  with  few  exceptions,  everywhere  opposed 
that  measure,  upon  the  ground  that  annexation 
%vould  be  a  breach  of  faith  with  Mexico;  that  it 
would  probably  involve  the  United  Slatis  in  a  w<-  r 
with  that  govern  in  at;  thu  it  would  create  among 
our  people  an  appetite  lor  territorial  aggrandize 
ment  that  would  be  insatiable;  that  it  would  engen 
der  between  the  States  sectional  animosities,  and 
imperil  if  not  destroy  the  Union.  What  was  pro 
pht-cy  then  is  history  now.  Their  warnings  were 
unheeded.  Mr.  Polk  was  elected  to  the  Presidency, 
and,  under  h.s  auspices,  the  measure ol  annexation 
was  consummated.  Mr  Calhoun,  who  was  Secre 
tary  oi  State  when  the  treaty  wiih  Texas  was  nego 
tiated,  placed  the  policy  of  that  measure  upon  the 
ground  that  it  was  necessary  as  a  means  of  giving 
additional  security  to  slavery,  by  increasing  the 
political  power  or  the  slavenolcling  States.  The 
northern  States,  opposed  in  sentiment  to  slavery, 
and  unwilling  to  concede  preponderance  of  politi 
cal  power  to  ihe  southern  Siaus,  were  naturally 
hostile  to  annexation;  and  although  they  sullenly 
acquiesced  in  the  consummation  of  that  measure, 
it  was  obvious  to  all  that  a  deep  feeling  of  discon 
tent  rankled  in  their  bosoms. 

The  war  with  Mexico  followed  close  upon  the 
heels  of  annexation,  and  it  was  soon  manifest  that 
the  Presidenj,  was  resolved  upon  the  acquisition  of 
territory;  and  when  a  bill  appropriating  three  mil 
lions  of  dollars,  to  enable  the  President  to  negotiate 
a  treaty  of  peace,  was  under  consideration,  the 
gentleman  from  Pennsylvania,  (Mr.  WILMOT,) 
moved  to  amend  it  by  attaching  the  proviso,  which 
has  since  figured  so  prominently  in  our  political 
discussions.  This  House,  by  a  large  majority,  sus 
tained  his  motion,  but  the  Senate  tailed  lor  want  of 


time  to  act  upon  the  bill;  and  it  did  not  become  a 
law.  When  Congress  assembled  at  the  succeeding 
session,  our  armies  had  defeat  d  and  destroyed 
those  of  Mexico;  and  our  commanders  in  California 
and  New  Mexico  were  in  quiet  possession  of  those 
provinces  They  had  issued  proclamations  an 
nouncing  to  the  people  of  tho-«e  provinces  tiiat  they 
were  "annexed"  to  the  United  State-;  thus  disclos 
ing,  beyond  the  possibility  ol*a  doubt,  th-it  the 
President  had.  from  the  beginning,  prosecuted  the 
war  with  Mexico  for  the  purpose  of  conquest.  In 
his  message  to  Congress,  he  assumed  that  all  who 
questioned  the  propriety  of  his  conduct  in  this  re 
spect  were,  in  effect,  opposed  o  their  country,  and 
were  "giving  aid  and  comfort  to  the  enemy."  On 
the  motion  to  refer  the  President's  menage  a  de 
bate  arose,  during  which  his  supporters  on  this 
floor  reiterated  the  same  idea.  Having  participated 
in  that  debate,  and,  inasmuch  as  what  I  .-aid  on  that 
o<  casion  supports  the  position  which  I  ;un  now  en 
deavoring  to  establish,  I  hope  I  will  be  pardoned 
for  reading  a  short  extract  from  the  speech  which 
I  then  delivered: 

"It  is  the  duty  of  Congress,  and  I  invoke  the  per 
formance  ofthat  duty,  to  limit  and  cotr.rol  the  dis 
cretion  of  the  President  in  relation  to  the  further 
prosecution  of  the  war.  If  Congress  believes  it 
to  be  expedient  and  just  to  wagA  a  war  of  conquest 
for  the  acquisition  ol  territory,  let  that  fa<-t  bo  de 
clared;  arid  if  Congress  believes  it  to  be  inexpedi 
ent,  let  it  assert  the  constitutional  right  of  the  legis 
lative  branch  of  the  Government,  by  saying  to 
the  President,  'thus  far  shah  thou  go,  and  no  tar- 
ther.' 

****** 

"It  is  moral  cowardice,  when  the  great  interests 
of  the  Republic  are  in  p<Til,  to  -hut  our  eyes,  and 
shrink  front  a  contemplation  uf  the  dangers  with 
whkh  we  are  threatened.  *  *  * 

"He  must  be  blind  to  all  the  signs  of  the  times 
who  do.  s  not  perceive  that  there  is  a  fix^-d  and  al 
most  universal  determination  in  the  northern  States 
not  to  acquiesce  in  a  lurther  extent-ion  of  tenitory, 
without  attaching  to  such  ext«  nsion  the  prohibition 
to  which  1  fjftve  refer  rid.  iiow  shall  we  overcome 
this  difficulty,  when  the  question  shall  conn:  before 
Congress  permanently  to  annex  the  t  onqu-'ats  of 
the  President?  We  have  already  seen,  by  a  vote 
of  this  House,  that  the  nun  slavehol  ing  States  \vill 
insist  upon  prohibiting  slavery  in  those  Tenitories. 
Will  the  southern  States  consent  to  the  admission 
of  free  States  south  aud  west  of  Texas?  What  will 
Texas  say?  What  will  Louisiana  say?  What  will 
the  whole  South  say?  All  the  dangers  growiug.out 
of  this  question  of  slavery,  which  we  ,.rtve  met  and 
overcome  heretofore,  are  as  nothing  compared  with 
ttiose  which  will  arise  when  ihac  question  shall 
come  upas  the  consequence  of'  Mr.  Pole's  conquests 
and  annexations. 

"Mr.  Chairman,  in  my  opinion,  there  are  bad 
men  in  the  North  and  the  South,  who  desire  a  dis 
solution  of  the  Union,  and  who,  without  avowing 
their  object,  are  laboring  diligently  to  pioduce  that 
end.  The  President  is  diiving  the  ship  of  state 
into  a  most  stormy  and  dangerous  sea;  and  if  Con 
gress  fails  to  act  in  the  lofty  spirit  ol  patriotism 
which  the  occasion  demands — if  it  fails  to  assert  the 
constitutional  rights  and  perform  Unconstitutional 
duties  which  properly  belong  and  attach  to  the 
legislative  branch  of  the  Government,  by  putting 
a  limit  to  Executive  discretion  in  the  lurther  prose 
cution  of  this  \var  with  Mexico,  in  my  opinion  the 
day  is  not  distant^when  it  will  require  all  the  vir 
tue,  intelligence,  and  patriotism  of  the  country  to 
preserve  the  Union  and  save  the  public  liberty." 

Mr.  Chairman,  these  remarks  brought  down  upon 
me  a  storm  of  denunciation.  Among  others,  my 
colleagues  on  the  other  side  of  the  House  made 
themselves  prominent  in  attacking  my  course. 


4 


They  impeached  my  patriotism.  They  arraigned 
me  lor  introducing-  the  firebrand  of  slavery  into  the 
councils  of  the  nation,  for  the  purpose  of  impairing 
its  energy  in  the  prosecution  of  a  "just  and  glo 
rious  war."  This  storm  of  denunciation  was  hurled 
against  me  for  weeks,  and  until  I  was  rescued  by 
a  movement  of  the  honorable  gentleman  from  New 
York,  (Mr.  PRESTO^  KING,)  who  sits  before  me. 
On  the  morning  of  Jan.  5, 1847,  that  gentleman  en 
tered  this  hall  with  a  roll  of  manuscript  in  his  hand, 
and  obtaining  the  floor,  proceeded  to  "define  the 
position"  of  the  Democratic  party  of  the  northern 
States  with  respect  to  the  war  with  Mexico.  Want 
of  time  will  not  permit  me  to  read  that  important 
paper;  but  if  I  make  misstatements  with  respect  to- 
it,  I  will  thank  the  gentleman  to  correct  me.  In 
substance  it  said:  "The  Democrats  of  the  non- 
slaveholding  States  intend  to  vote  men  and  money, 
to  any  extent  needful,  for  the  vigorous  and  suc 
cessful  prosecution  of  the  war  with  Mexico.  They 
are  in  favor  of  acquiring  territory  to  indemnify 
the  United  States  for  the  expenses  of  that  war;  but 
it  is  with  them  a  fixed  principle,  a.  settled  purpose, 
not  to  permit  the  existence  of  slavery  in  any  terri 
iory  that  may  be  acquired." 

Mr.  McCLEBNAND.  I  beg-  leave  to  say  that  I,  for 
one,  objected  to  the  manifesto  of  the  gentleman 
from  New  York,  and  urged  him  not  to  offer  it. 

Mr.  G.  resumed.  It  is  not  my  purpose  to  do  in 
justice  to  any  one.  I  remember  that  the  gentle 
man  from  Illinois,  (Mr.  McCtERNAND,)  and,  per 
haps,  two  or  three  others  on  that  side  of  the  House, 
dissented  from  that  manifesto ;  but  their  number 
was  quite  too  small  to  impair  in  any  degree  the 
force  of  the  fact  which  I  am  presenting.  When 
the  gentleman  from  New  York  read  his  manifesto, 
the  storm,  which  had  been  so  long  and  so  furiously 
beating  upon  me,  ceased. 

The  Whigs  of  the  northern  States  also  defined 
their  position.  They  proclaimed  that  they  were 
opposed  to  extending  the  limits  of  the  United  States; 
opposed  to  the  acquisition  of  territory  north  or 
south;  but,  said  they,  if  we  are  overruled — if, 
against  our  counsels  and  votes,  you  insist  upon  ac 
quiring  territory,  we  will  co-operate  in  preventing 
the  introduction  of  slavery  therein. 

When  we  of  the  South  were  thus  forewarned  by 
the  Whigs  and  Democrats  of  the  non-slaveholding 
States,  my  friend  from  Georgia  (Mr.  STEPHENS) 
introduced  a  resolution,  declaring  the  legitimate 
objects  of  the  war  with  Mexico,  and  restricting  the 
discretion  of  the  President,  by  inhibiting  the  ac 
quisition  of  territory.  When  I  made  the  speech 
from  which  I  have  ventured  to  read  an  extract,  I 
had  in  the  drawer  of  my  table  a  resolution,  similar 
to  that  offered  by  my  friend  from  Georgia,  which 
I  intended  to  offer  at  a  suitable  time.  He  antici 
pated  me  in  the  execution  of  my  purpose.  I  had 
hoped  when  those  developments  should  be  made  to 
which  I  have  referred,  that  the  Democratic  members 
of  this  House  from  the  southern  States  would  c^-operate 
with  the  Whigs  to  prevent  the  acquisition  of  territory. 
I  was  disappointed  in  this  reasonable  expectation. 
When  the  House  voted  on  the  resolution  offered  by 
my  friend  from  Georgia,  every  northern  and  south 
ern  Whig  voted  for  it;  every  northern  and  southern 
Democrat  voted  against  it. 

Mr.  STEPHENS.  No;  Mr.  Cobb,  of  Alabama, 
voted  with  us. 

Mr.  GENTRY.  A  friend  informs  me  that  Mr. 
Cobb,  of  Alabama,  voted  with  us  on  the  question  to 
which  I  am  referring.  If  my  friend  is  correct  in 
his  recollection,  I  must  do  the  gentleman  from  Ala 
bama  the  justice  to  say,  that  he  stands  "solitary 
and  alone,"  honorably  isolated  from  his  political 
party.  In  the  Senate,  Mr.  BERRIEN  introduced  a 
resolution  similar  to  that  introduced  here,  and  the 
vote  upon  it  was  precisely  like  that  in  this  House; 
every  Whig  from  the  North  and  the  South,  with 


perhaps,  one  exception,  voted  for  it;  and  every  Dem 
ocrat  from  the  North  and  the  South  voted  against  it. 

Mr.  Chairman,  what  causes  have  produced  the 
present  state  of  things?  What  policy?  Who  is  re 
sponsible?  Is  it  the  President?  The  incontroverti 
ble  truths  of  history  which  I  have  presented  vindi 
cate  him  from  that  false  and  unjust  imputation, 
and  fix  the  responsibility  where  an  honorable  gen 
tleman  from  Mississippi,  (Mr.  THOMPSON,)  more 
candid  than  most  of  those  who  have  spoken  on  that 
side  of  the  House,  says  it  ought  to  rest. 

That  gentleman,  in  a  speech  which  he  made  a  few 
days  ago/  claimed  for  the  Democratic  party,  of 
which  he  is  a  member,  the  glory  of  annexing  Tex 
as;  the  glory  of  the  war  which  followed  that  event; 
and  the^glory  of  adding  to  the  Territories  of  the 
United  States  California  and  New  Mexico.  And 
he  admitted,  that  all  the  responsibilities  resulting 
from  these  achievements  rested  upon  the  Demo 
cratic  party;  and  that,  therefore,  that  party  is 
bound  to  come  to  the  rescue  and  extricate  the  Re 
public  from  the  difficulties  and  dangers  in  which 
Democratic  measures  have  involved  it. 

It  has  been  my  aim  to  prove  the  correctness  of  the 
admissions  so  c-.ai'didly  made  by  the  g-entleman 
from  Mississippi,  and  to  show,  beyond  the  possibil 
ity  of  doubt  or  cavil,  that  the  policy  and  measures 
opposed  by  this  side  of  the  House,  and  supported 
and  carried  through  by  that,  have*  brought  the 
country  into  its  present  dangers.  Come  what  may, 
our  skirts  are  clear.  If  the  political  equilibrium 
between  the  slaveholding  and  non-slaveholding 
States  is  lost,  never  to  be  regained;  if  the  property 
of  the  southern  States  is  thereby  rendered  insecure; 
if  faction  and  discord  reign  where  patriotism  and 
wisdom  ought  to  rule;  if  the  Union,  and  the  liberty 
and  happiness  which  it  guaranties,  are  imperilled, 
the  causes  which  have  produced  these  evils  are 
manifest,  and  the  good  sense  of  the  country  \vill 
correctly  decide  where  responsibility  rightfully 
rests. 

But  though,  as  I  have  shown,  we  can,  on  this  side 
of  the  House,  justly  claim  to  be  free  from  all  re 
sponsibility  for  the  present  state  of  things,  I  hold 
that  every  patriot  is  equally  bound  to  exert  himself 
to  save  the  country  from  the  dangers  by  which  it  is 
now  environed.  The  Wilmot  proviso,  which  reared 
its  front  in  this  hall  whilst  the  war  with  Mexico 
was  raging,  has  reappeared  at  every  period  since 
the  treaty  of  Guadalupe  Hidalgo,  when  an  attempt 
has  been  made  to  redeem  the  obligations  which  this 
Government  assumed  by  the  stipulations  of  that 
treaty;  and  the  faith  which  we  solemnly  plighted 
to  Mexico  yet  stands  unredeemed.  Meanwhile,  as 
if  to  prepare  the  hearts  of  the  people  for  bloodshed, 
civil  war,  and  a  dissolution  of  the  Union,  agitators, 
fanatics,  and  factionists  in  the  northern  and  south 
ern  States  have-  been  busily  and  successfully  en 
gaged  in  inflaming  and  rousing  into  activity  sec 
tional  prejudices,  passions,  and  hostilities,  whoso 
loud  roar,  borne  to  our  ears  by  every  breeze  thai 
comes  from  the  North  or  the  South,  bodes  nothing 
but  evil  to  the  republic.  Six  months  of  the  session 
of  Congress  have  been  spent  in  angry  debate  as  to 
what  measures  of  legislation  shall  be  adopted  with 
respect  to  the  Territories  which  we  have  conquered 
from  Mexico,  and  there  is  now  as  little  prospect  of 
union  and  harmony  on  that  question  as  at  the  be 
ginning  of  the  session;  and  it  has  been  distinctly 
threatened  that,  in  certain  specified  contingencies, 
faction  will  so  display  itself  here  as  to  defeat  the  ap 
propriation  bills,  and  thus  arrest,  if  not  destroy,  the 
government. 

Mr.  Chairman,  this  is  a  deplorable,  humiliating, 
and  dangerous  state  of  affairs,  calling  imperiously 
upon  us  till  to  hold  our  passions  and  prejudices  in 
strict  subordination  to  patriotism  and  reason,  that 
\ve  may  devote  ourselves  with  effective  energy  to 
the  service  of  the  country.  What  shall  we  do? 


To  what  remedy  shall  we  resort?  Where  is  the 
path  that  wisdom  bids  us  tread?  What  line  of  poli 
cy  will  shield  the  country,  and  save  it  harmless 
from  impending1  dangers?  What  measure,  founded 
injustice  and  wisdom,  can  we  adopt  that  will  har 
monize  conflicting1  interests  and  prejudices,  and 
o-ive  quiet  and  tranquillity  to  this  great  family  of 
.States?  The  consideration  of  Congress  and  the  at 
tention  of  the  public  have  been  for  some  time  directed 
•  to  three  propositions:  1st.  That  recommended  by  the 
-  dent;  2d,  the  Compromise  bill  reported  by  the 
committee  of  thirteen  in  the  Senate;  and  3d,  the 

mi i  compromise  line. 

The,  last  mentioned  proposition  is  supported 
chieriy  by  those  gentlemen  from  the  southern  States 
who  have  heretofore  been  most  zealous  and  vehe 
ment  in  insisting  upon  the  constitutional  right  of 
the  slaveholding  States  to  an  unrestricted  partici 
pation  in  the  territories  acquired  from  Mexico;  and 
who  have  denied  the  power  of  Congress  to  prohibit 
or  establish  slavery,  or  otherwise  legislate  upon  that 
subject  in  the  Territories  of  the  United  States.  I 
have  never,  in  the  course  of  my  experience,  known 
so  glaring  an  exhibition  of  inconsistency  by  intel 
ligent  public  men.  To  understand  the  effect  of  ap 
plying  the  Missouri  compromise  to  the  territory 
acquired  from  Mexico,  it  must  be  remembered  that 
slavery  existed  by  la\v  in  all  the  Louisiana  territo 
ry  acquired  from  France,  and  that  the  Missouri 
compromise  abolished  and  prohibited  slavery  in  all 
that  territory  north  of  36°  30'  of  north  latitude,  and 
permitted  slavery  south  of  that  line.  It  was  literally 
the  enactment  of  the  Wilmot  proviso  north  of  the  line 
36°  30',  and  non-intervention  south  of  that  line.  Jt 
wad  a  distinct  and  most  effective  assertion  and  ex 
ercise  by  Congress  •of  the  power  to  legislate  upon 
the  subject  ofeiavery  in  the  Territories  of  the  Uni 
ted  States.  To  extend  the  Missouri  compromise 
line  through  our  recent  acquisitions  to  the  Pacific, 
would  be  to  enact  the  Wilmot  proviso  in  about 
four- fifth;?  of  the  territory,  and  leave  the  residue, 
south  of  that  line,  subject  to  the  operation  of  those 
Mexican  laws  which  abolished  slavery  previous  to 
our  conquest,  and  which,  according  to  the  opinion  of 
a  large  majority  of  jurists,  remain  in  full  force  and 
effect.  I  am  aware  that  gentlemen  Distinguished 
for  legal  learning  hold  that  the  Mexican  laws  are 
null  and  void;  but  whilst  this  question  is  undecided 
by  competent  judicial  authority,  slavery  is  as  ef 
fectually  excluded  as  if  Congress  had  prohibited  it 
by  express  provisions  of  law.  No  slaveholder  would 
take  his  slaves  into  that  country  with  the  certainty 
of  subjecting  himself  to  a  long  am',  expensive  law 
suit,  that  w  uld  most  probably  eventuate  in  the. 
emancipation  of  his  r-laves.  But  no  one  believes 
that  it  is  possible  for  such  a  proposition  to  pass  in 
either  House  of  Congress,  and  therefore  it  is  a  waste 
ol  time  to  discuss  it.  A  fair  apportionment  of  ac 
quired  territory  between  toe  slaveholding  and 
non-slaveholding  States  constitutes  thr  principle 
of  the  Missouri  compromise,  and  to  apply  this 
principle  to  the  territories  acquired  from  Mexico, 
inasmuch  as  California  !:as,  by  her  constitution, 
prohibited  slavery,  all  Ixws  which  prevent  its  in 
troduction  in  the  residue  of  our  Mexican  territory 
should  be  repealed  by  Congress. 

The  Compromise  bill  ot  the  Senate  proposes  to 
admit  California  as  a  State  into  the  Union,  to  or 
ganize  territorial  governments  for  New  Mexicoand 
Uuh  without  the  Wilmot  proviso,  and  to  settle  the 
disputed  question  of  boundary  between  Texas  and 
N'i'-v  Mexico,  by  giving  to  Texas  a  consideration  in 
money  to  relinquish  her  claim.  With  respect  to 
the  admission  or  non-admission  of  slavery  into 
those  Territories,  it  adopts  the  principle  of  non-in 
tervention,  leivn'g  t.'ie  hual  u.  •  ;-<'>it  of  that 
tion  to  the  people  when  they  adopt  constitutions 
preparatory  to  their  admission  into  the  Union  as 
states. 


If  it  be  true  that  the  laws  of  Mexico  which  abol 
ished  slavery  in  those  Territories  remain  in  force 
until  repealed,  then  by  the  provisions  of  the  Com 
promise  bill  slavery  will  be  excluded  from  those 
Territories  during-  the  continuance  of  the  territo 
rial  governments  which  it  proposes  to  establish,  for 
it  expressly  inhibits  the  repeal  of  those  laws.  It 
does  not  secure  to  the  slaveholding1  States  what 
most  of  their  public  men  have  claimed  as  their  con 
stitutional  right.  The  people  of  the  southern  States 
are  not  insulted  by  a  direct  enactment  of  the  Wil 
mot  proviso,  but  for  this  forbearance  they  are  re 
quired  to  be  content  with  a  state  of  things  which 
as  effectually  excludes  slavery  from  thoae  Territo 
ries  as  if  the  bill  contained  the  proviso  in  express 
terms. 

The  difficulty  of  devising  measures  of  legislation 
suited  to  the  condition  of  the  Territories  which  we 
have  acquired,  and  acceptable  to  the  people  of  the 
different  sections  of  the  Union,  results,  in  my  opin 
ion,  chiefly  from  the  extreme  zeal,  violence,  and 
passion,  with  which  erroneous  opinions  have  been 
inculcated,  by  political  partisans, in  the  non-slave- 
holding  and  slaveholding  Spates  of  the  Union. 
There  is  a  struggle  between  these  two  classes  of 
States  for  political  power.  At  present,  the  Union 
consists  of  thirty  Stales,  in  one- half  of  which  slavery 
exists;  and  each  State  being  entitled  by  the  Con 
stitution  to  two  Senators,  there  is,  therefore,  in  the 
Senate  an  exact  balance  of  power  between  the 
slaveholding  and  the  non-slaveholding  States.  The 
territory  which  we  have  acquired  from  Mexico  is 
sufficient  in  extent  to  form,  "when  it  shall  be  peo 
pled,  several  new  States;  and  as  these  shall  be 
slave  States  or  free  States,  so  will  the  preponder 
ance  of  political  power  be  determined  in  this  gov 
ernment.  And  this  I  apprehend  is  the  true  source 
of  the  sectional  controversy  that  now  afflicts  the 
country.  In  the  North  the  opinion  has  been  con 
stantly  propagated  that  prohibitory  legislation  was 
necessary  to  prevent  the  extension  of  slavery  and 
the  formation  of  additional  slave  States;  while  in 
the  South  it  has  been  urged  with  equal  zeal  that 
such  indeed  would  be  the  result,  but  for  the  obsta 
cles  interposed  bv  northern  agitation  arid  the  threat 
of  hostile  legislation. 

In  my  opinion,  causes  which  exist — and  which 
legislation  cannot  change — make  it  impossible  for 
slavery  to  obtain  a  permanent  foothold  in  the  Ter 
ritories  acquired  from  Mexico.  The  character  and 
sentiments  of  the  people  who  now  inhabit  them, 
and  who  are  likely  to  emigrate  thither — the  char 
acter  of  the  country,  its  soil  and  climate,  all  con 
spire  to  make  such  a  result  impossible.  A  recog 
nition  and  candid  admission  of  this  truth  by  the 
North  and  the  South  would,  it  seems  to  me,  mode 
rate  the  irrational  excitement  which  exists  on  this 
subject  in  both  sections,  and  remove  one  of  the 
principal  causes  that  now  embarrass  this  Govern 
ment  and  disturb  the  public  tranquillity. 

When  I  say  that  slavery  will  be  forever  excluded 
from  the  Territories  which  we  have  acquired  from 
Mexico,  by  causes  that  exist  independent  of  Con 
gressional  ie^i-lation.  I  am  only  repeating  an  opin 
ion  which  has  heretofore  been  expressed  by  the  late 
Secretary  of  the  Treasury,  Mr  R.J.Walker;  by  Mr. 
Caes,  in  hi?  Nicholson  letter;  by  the  late  Secretary  of 
State,  Mr.  Buchanan;  and  by  Mr.  Webster,  in  his 
recent  great  speech  in  the  Senate;  and  I  think  I 
am  safe  in  saying,  that  I  am  only  uttering  a  truth 
which  every  intelligent,  man  in  this  republic  be 
lieves,  who  has  examined  the  subject  with  the  pur 
pose  of  arriving  at  correct  conclusions.  I  arn  sup 
ported  in  this  opinion,  also,  by  the  Committee  of 
Thirteen  which  reported  the  Compromise  bill,  as 
the  following  extract  from  the  report  accompa 
nying  that  bfll  will  show  : 

"Ihe  bill  for  establishing  the  two  Territories,  it 
will  be  observed,  omits  the  Wilmot  proviso  on  the 


one  hand,  and,  on  {he  other,  makes  no  provision 
for  the  introduction  of  slavery  into  any  part  of  the 
new  Territories.  That  proviso  has  been  the  fruit 
ful  source  of  distraction  and  Agitation.  If  it  were 
adopted  and  applied  to  any  Territory,  it  would 
cease  to  have  any  obligatory  force  as  soon  as  such 
Territory  were  admitted  as  a  State  in  the  Union. 
There  was  never  any  occasion  for  it,  to  accomplish 
the  professed  object  with  which  it  was  originally 
offered.  This  has  been  clearly  demonstrated  by 
the  current  of  events.  Cal  fornia,  of  all  the  recent 
territorial  acquisitions  from  Mexico,  was  that  in 
which,  if  anywhere  within  them,  the  introduction 
of  slavery  was  most  likely  to  take  place;  and  the  " 
constitution  of  California,  by  the  unanimous  vote 
of  her  convention,  has  expressly  interdicted  it. 
There  is  the  .highest  degree  of  probability  that 
Utah  and  New  Mexico  will,  when  they  come  to  be 
admitted  as  States,  follow  the  example." 

Mr.  Chairman,  if  I  have  succeeded  in  establish 
ing  the  positions  I  have  assumed,  in  any  degree 
proportionate  to  my  own  deep  conviction  of  their 
truth,  the  conclusion  will  follow,  that  in  deciding- 
the  comparative  merits  of  the  several  measures 
now  under  consideration  in  this  and  the  other  end 
of  the  Capitol,  we  ought  to  be  governed,  not  ex 
clusively  by  our  individual  opinions  01  the  specific 
provisions  of  those  measures,  but  that  our  estimate 
of  their  adaptation  as  remedies  for  existing  evils 
ought  to  be  in  a  great  degree  influenced  by  the  fa 
vor  and  support  extended  to  them  by  the  Repre 
sentatives  of  conflicting  sentiments  and  opinions. 
When  the  various  matters  in  controversy  be 
tween  the  northern  and  southern  sections  of  the 
Union  were  referred  by  the  Senate  to  a  committee, 
composed  of  Senators  eminent,  for  talents  and  pa 
triotism,  and  selected,  in  equal  numbers,  from  the 
two  great  political  parties,  and  from  the  slavehold- 
ing  and  non-slaveholding  States,  the  hope  naturally 
arose  in  the  public  mind,  that  the  high  character  of 
that  committee  would  impart  an  influence  to  its  re 
commendations  that  would  take  these  questions  out 
of  the  vortex  of  party  politics,  and  commend  its 
recommendations  to  the  general  acceptance  and 
approval  of  the  whole  country.  This  expectation 
has  not  been  realized.  Since  the  report  of  the  com 
mittee  the  Senate  itself  has  been  converted  into  a 
scene  of  discord — an  arena  of  sectional  strife. 
Southern  Senators  oppose  the  report  of  the  commit 
tee  because  it  yields  every  thing  in  controversy  to 
the  North,  and,  on  the  other  hand,  northern  Sena 
tors  oppose  it  because  it  yields  every  thing  in  con 
troversy  to  the  South.  Its  supporters  in  the  South 
obviously  intend  to  assume  that  it  secures  the  ad 
mission  of  slavery  into  the  Territories  acquired 
from  Mexico,  whilst  it  is  equally  obvious  that  its 
northern  supporters  will  assume  that  it  excludes 
slavery  from  those  Territories.  Can  a  measure 
susceptible  of  such  contradictory  construction  tran- 
quilize  the  public  mind,  and  restore  harmony  to  the 
Union  ?  If  it  be  passed  into  a  law  by  Congress,  is 
it  not  to  be  feared  that  the  same  conflict  of  opinion 
which  has  marked  the  debate  in  the  S<nate  will  be 
transferred  to  the  popular  forum,  in  the  North  and 
South  ;  and  that  protracted  agitation,  and  deeper 
and  more  dangerous  sectional  excitements,  will  be 
the  consequence  ?  In  the  midst  of  this  conflict  of 
opinion,  it  now  hangs  suspended  in  the  Senate — no 
man  claiming  to  be  able  to  foretell  its  fate.  Should 
it  receive  such  modifications  as  to  make  it  pass  the 
Senate,  is  it  not  to  be  apprehended  that,  when  it  ' 
comes  into  this  Hall,  it  will  encounter  the  same 
fate  which  every  attempt  heretofore  made  to  estab 
lish  territorial  governments  for  our  Mexican  terri 
tories  has  encountered?  Will  not  some  ardent 
"  Free-soiler"  rise  in.  his  place,  and  move  to 
amend,  by  attaching  the  Wilrnot  proviso,  pro 
hibiting  slavery  in  those  Territories?  And  will 
not  that  proposition,  as  heretofore,  command  a 


majority  of  votes  in  this  House,  and  will  not 
increased  sectional  exasperation  and  excitement 
follow  as  a  consequence  ?  It  was  undoubtedly  well- 
founded  apprehensions  of  this  kind,  that  induced 
the  President  to  recommend  Congress  to  confine 
its  action,  for  the.  present,  to  the  admission  of  Cali 
fornia  into  the  Union  as  a  State,  and  leave  the  resi 
due  of  territory  to  the  government  of  existing1  laws 
and  the  temporary  governments  which  ha.ve  been 
established. 

This  recommendation  of  the  President  contem 
plates  the  early  admission  of  New  Mexico,  as  a 
State  into  the  Union,  and  refers  the  question  of  the 
existence  or  non-existence  of  slavery  therein  to  the 
decision  of  the  people,  when  they  form  a  State  con 
stitution,  preparatory  to  their  application  for  ad 
mission.  He  recommends  the  North  to  waive  the 
proviso,  so  offensive  to  the  South,  and  he  recom 
mends  the  South  and  the  North  mutually  to  con 
sent  to  a  reference  of  the  question  in  dispute  be 
tween  them  to  the  decision  of  that  tribunal  which, 
in  the  last  resort,  must  have  jurisdiction,  whatever 
plan  of  temporary  adjustment  may  be  adopted  by 
Congress.  He  recommends  a  "compromise"  which 
gives  a  triumph  neither  to  the  one  section  nor  the 
other,  and  which  requires  neither  section  to  sacri 
fice  its  principles,  its  pride,  or  its  rights.  The  fact 
having  been  developed  by  repeated  unsuccessful 
attempts,  that  Congress  cannot,  by  any  act  of  legis 
lation,  adjust  the  question  in  dispute  to  the  satis 
faction  of  the  parties  to  that  dispute,  the  President 
recommends  them  to  refer  its  decision  to  that  great 
American  principle  which  recognises  the  right  of 
every  political  community  to  choose  and  decide  for 
itself  what  shall  be  the  character  of  its  institutions 
and  laws. 

But  it  is  urged  that  there  were  irregularities,  in 
formalities,  departures  from  established  usages,  in 
the  proceedings  in  California,  which  resulted  in  the 
formation  of  a  State  constitution  and  an  applica 
tion  for  admission  into  the  Union,  that  constitute 
sufficient  grounds  for  rejecting  her  application. 
These  objections  are  so  trivial  that  I  will  not  waste 
time  in  refuting  them.  No  one  entertains  the  ex 
pectation  that  California  will  be  remanded  info  a 
territorial  condition,  and  the  question  of  her  a'd mis 
sion  is  merely  a  question  of  time.  It  may  be  de 
layed,  but  cannot  and  ought  not  to  be  prevented. 
More  plausible  objections  are  urged  against  the 
early  admission  of  New  Mexico  into  the  Union  as  a 
State;  one  of  which  is,  that  the  population,  unac 
customed  to  self-government,  is  not  sufficiently 
civilized  and  intelligent  to  comprehend  and  perform 
the  duties  that  would  attach  to  them  as  a  State.  I 
admit  the  force  of  this  objection,  and  frankly  de 
clare  that,  but  for  the  peculiar  circumstances  under 
which  we  are  to  act,  1  would  be  in  favor  of  holding 
New  Mexico  to  a  long  period  of  territorial  pupil 
age,  before  admitting  her  as  a  State  into  the  Union; 
but  wnen  we  compare  the  evils  which  may  result 
from  her  admission  as  a  State  with  those  likely  to 
flow  from  a  prolongation  of  present  difficulties, 
they  sink  into  insignificance.  Gentlemen  from  the 
slavehokling  States  found  their  opposition  to  the 
early  admission  of  New  Mexico  upon  the  assump 
tion  that  the  sentiments  and  opinions  of  that  people 
are  sufficiently  known  to  make  it  certain  that  they 
will  incorporate  a  prohibition  of  slavery  into  their 
constitution. 

Admitting  the  truth  of  this  assumption,  it  does 
not  constitute  a  sufficient  reason  for  rejecting  the 
policy  which  I  am  advocating.  I  have  already  ex 
pressed  the  opinion  that  the  same  result  would  ul 
timately  obtain,  whatever  may  be  the  legislation  of 
Congress;  and  a  brief  postponement  of  that  result 
would  not  compensate  for  the  evils  likely  to  flow 
from  a  continuation  of  the  strife  and  agitation 
which  now  distracts  the  country.  And,  as  the  peo 
ple,  when  in  convention  to  form  a  State  constitu- 


tion,  can  alone  finally  decide  the  question  which  is 
the  cause  of  that  strife  and  agitation,  every  consid 
eration  of  policy,  having1  reference  to  the  harmony 
and  stability  of  the  Union,  urg-es  most  powerfully 
its  immediate  reference  to  them.  Let  the  peoole  of 
New  Mexico  decide  the  question  to  suit  themselves, 
and  whatever  their  decision  may  be,  the  people  of 
the  United  States  will  acquiesce.  If  they  adopt  a 
constitution  prohibiting-  slavery,  what  right  will 
the  southern  States  have  to  complain?  If  they  adopt 
a  constitution  which  establishes  slavery,  what  right 
will  the  northern  States  have  to  complain?  The 
North  and  the  South  will  recognise  the  right  of 
New  Mexico  to  deride  conformably  to  her  own 
convictions;  and  whether  that  decision  shall  accord 
with  the  preference  of  the  one  or  the  other  section, 
they  will  acquiesce;  and  their  patriotism  will  sig 
nally  rebuke  any  attempt,  by  those  who  are  hostile 
to  the  Union  and  seek  its  destruction,  to  make  the 
decision  of  New  Mexico,  on  this  subject,  conducive 
to  the  accomplishment  of  their  traitorous  purposes. 
It  ifi  a  feature  in  the  plan  of  adjustment  recom 
mended  by  the  President,  which  more  than  any 
thing1  else  commends  it  to  my  support,  that  it  set 
tles,  by  the  only  mode  practicable,  finally  and  for 
ever,  this  unhappy  controversy  between  the  North 
and  the  South,  and  puts  an  end  to  sectional  agita 
tion  on  that  subject. 

Having  expressed  my  approval  of  the  policy  re 
commended  by  the  President.  I  feel  myself  called 
upon  to.answer  another  objection  urged  against  it; 
which  is,  that  by  its  adoption  the  United  States 
would  fail  to  redeem  the  obligations  incurred  by 
the  treaty  of  Guadalupe  Hidalgo.  The  ninth  sec 
tion  of  that  treaty  provides  that — 

"Mexican^who,  in  the  Territories  aforesaid, 
shall  not  preW've  the  character  of  citizens  of  the 
Mexican  republic,  conformably  with  what  is  stipu 
lated  in  the  preceding  article,  SHALL  BE  INCOHPO- 

RATED  INTO     THE     UNION     OF    THE   UfclTED  STATES, 

and  be  admitted  at  I  lie  proper  time  (to  be  judged  of 
by  the  Congress  of  the  United  States)  to  the  enjoy 
ment  of  all  the  rights  of  citizens  of  the  United  Slates, 
according  to  the  principles  of  the  Constitution,  and  in 
the  mean  time  shall  be  maintained  and  protected 
in  the  free  enjoyment  of  their  liberty  and  property, 
and  secured  in  the  free  exercise  of  their  religion, 
without  restriction. 

Now,  I  think  it  is  a  manifest  truth,  that  the  poli 
cy  recommended  by  the  President  to  admit  Califor 
nia  as  a  State  immediately,  and  New  Mexico  at  an 
early  day,  more  fully  and  completely  redeems  our 
treaty  obligations,  with  respect  to  those  Territories, 
than  any  which  has  been  suggested.  But  it  is 
contended  that  this  policy  leaves  the  people  of  those 
Territories,  during  the  time  preceding  their  admis 
sion  into  the  Union  as  States,  subject  to  the  tyran 
ny  of  military  government;  and  that  it  is,  there 
fore,  repugnant  to  American  ideas  of  liberty. 
Surely  th'  se  who  urge  this  objection  have  not  read 
th  official  documents  which  have  been  communi 
cated  to  Congress,  and  laid  upon  our  tables.  It 
was  the  boast  of  Mr.  Polk's  administration  that  it 
had,  while  4he  war  with  Mexico  was  yet  raging, 
waived  the  rights  of  conquest,  as  defined  by  the  law 
of  nations,  and  generously  given  to  Cahiornia  and 
New  Mexico  civil  governments,  instead  of  subject 
ing  them  to  the  rigors  of  military  law. 

Nothing  like  military  government  exists  in  either 
of  those  Territories.  The  military  arm  of  the  Uni 
ted  States  is  there  to  protect,  not  to  rule.  Tht; Sec 
retary  of  War,  in  his  annual  report,  referring  to  the 
delicate  duties  imposed  upon  the  army  by  the  pe 
culiar  state  of  things  existing  in  California  and 
New  Mexico,  says,  "one  of  its  assigned  duties  is  to 
aid  civil  functionaries,  when  required,  in  the  pres 
ervation  of  public  tranquillity;"  and,  in  a  commu 
nication  addressed  to  General  Reily,  acting  civil 


governor  of  California,   dated  June  26,  1849,  he 
says: 

"It  is  equally  true  that  all  laws  existing  and  of 
force  in  California  at  the  period  of  the  conquer,  are 
still  operative-,  with  the  limitation  that  they  are  not 
repugnant  to*the  Constitution  and  laws  of  the  Uni 
ted  States.  In  my  opinion  these  constitute  the 
whole  code  of  laws  now  of  force  in  California.  I 
should  add,  that  thia  opinion  does  not  infringe  on 
the  right  of  communities  to  make  necessary  regu 
lations  for  the  police  and  security  of  persons  and 
property.  Such  regulations  must  necessarily  be 
temporary,  as  they  are  presumed  to  be  voluntary, 
and  designed  to  meet  emergencies  and  difficulties 
which  the  sovereign  power  will  take  the  earliest  oc 
casion  to  remove." 

General  Reily,  writing  to  the  Secretary  of  War, 
under  date  of  August  30th,  1849,  says: 

"Before  leaving  Monterey,  I  heard  numerous  ru 
mors  of  irregularities  and  crimes  among  those  work 
ing  in  the  placers;  but,  on  visiting  the  mining  re 
gions,  I  was  agreeably  surprised  to  learn  that  every 
thing  was  quite  the  reverse  from  what  had  been 
represented,  and  that  order  and  regularity  were 
preserved  throughout  almost  the  entire  extent  of 
the  mineral  districts.  In  each  little  settlement  or 
tented  town,  the  miners  have  elected  their  local  al 
caldes  and  constables,  whose  judicial  decisions  and 
official  acts  are  sustained  by  the  people,  and  en 
forced  with  much  regularity  and  energy." 

Colonel  Washington,  as  acting  governor  of  New 
Mexico,  writes  to  Mr.  Marcy,  Secretary  of  War, 
under  date  of  November  8,  1843,  as  follows: 

"The  system  of  government  now  in  force  in  New 
Mexico  is  that  which  was  established  in  1846,  and 
embraces  what  is  commonly  termed  Kearny's 
code,  to  which  the  people,  through  their  representatives 
lately  assembled  in  convention,  have  happily  expi'essed 
their  assent,  as  will  be  seen  by  their  memorial  to  Con 
gress,  and  is  considered  adiquate  to  the  wants  of  the 
country  until  another  can  be  provided." 

These  extracts,  from  official  documents,  conclu 
sively  show  that  our  Mexican  Territories  are  not 
subject  to  military  government  in  the  obnoxious 
sense  of  that  term.  Pre-existing  laws  have  not 
been  superseded  by  martial  law;  judicial  tribunals 
have  not  been  rfupersedeci  by  courts  martial.  General 
Reily  describes  "each  little  settlement  or  tented 
town"  as  a  miniature  democracy,  making  laws 
adapted  to  its  condition,  and  administering  them 
by  agents  chosen  by  the  people;  thus  giving  pro 
tection  and  security  to  "  life,  liberty,  and  happi 
ness,"  and  gloriously  illustrating  the  capacity  of 
man  to  enjoy  and  exercise  the  great  right  of  self- 
government.  Although  it  is  true  that  the  duties  of 
civil  governor  of  New  Mexico  have  bf.en  devolved 
upon  a  military  officer,  it  does  not  follow,  as  a  con- 
si  quence,  that  the  people  of  that  Territory  are  sub 
ject  to  a  military  government.  It  would  be  quite  as 
logical  to  conclude  that  the  people  of  the  United 
States  are  subject  to  a  military  government,  be-" 
cause  the  Chief  Magistrate  of  the  Republic  is  also 
commander  in-chief  of  its  army  and  navy. 

Mr.  Chairman,  let  California  be  admitted  into 
the  Union,  and  the  cause  which  distracts  the  na 
tional  councils  will  be  vastly  diminished  in  magni 
tude,  and  the  public  mind  will  tranquilize  in  a  cor 
responding  degree;  and  thereupon  a  state  of  senti 
ment  and  opinion  in  the  country  will  ensue,  which 
will  enable  Congress  to  adopt  such  measures,  with 
respect  to  the  residue  of  the  territory  acquired  from 
Mexico  as  may  be  necessary  and  proper,  without 
the  apprehension  of  dangerous  excitements  and 
convulsions  in  the  Union.  But  though  J  believe 
the  legislation  recommended  by  the  President  to 
be  the  safest  and  wisest  for  the  country,  all  things 
considered,  yet  it  is  not  my  purpose  obstinately  to 
withhold  my  support  from  any  other  plan  of  ad 
justment  which,  repudiating  the  Wiunot  proviso^ 


8 


offensive  to  the  people  I  represent,  can  command 
such  confidence  and  support  from  the  representa 
tives  of  northern  and  southern  sentiment  and  opin 
ion,  as  to  inspire  a  reasonable  confidence  in  its  ca 
pacity  to  put  an  end  to  sectional  agitation,  and  re 
store  harmony  and  fraternal  feeling  to  the  States  of 
this  Union. 

Mr.  Chairman,  when  the  combination  of  causes 
which  have  prevented  the  recommendation  of  the 
President  from  receiving  a  fair  and  just  considera 
tion  in  the  two  Houses  of  Congress  shall  be  fully 
comprehended,  the  mists  which  now  dim  the  public 
vision  will  dissipate,  and  it  will  be  seen  and  admit 
ted  that  it  is  a  recomendation  founded  in  a  wise  ap 
preciation  of  the  difficulties  that  surround  the  sub 
ject — a  recommendation  worthy  of  one  whose  deeds, 
under  the  flag  of  his  country,  have  carried  its  mil 
itary  glory  to  the  farthest  confines  of  civilization, 
and  whose  patriotism,  bounded  by  no  sectioned  lines, 
is  co-extensive  with  the  limits  of  that  great  Re 
public,  which,  justly  appreciating  his  merit,  has 
made  him  its  Chief  Magistrate.  And  notwithstand 
ing  the  extraordinary  efforts  that  have  been  and 
may  be  made,  to  force  the  adoption  of  some  plan  of 
adjustment  differing  from  that  recommended  by 
the  Pi '••side  tit,  yet  it  is  by  no  means  certain  that 
these  efforts  may  not  be  defeated  by  the  same 
causes  that  have  hitherto  proved  fatal  to  legislation 
on  this  subject.  Aside  from  the  fact,  admitted  by 
all,  that  a  large  majority  of  Congress  are  in  favor 
of  admitting  California  as  a  State  into  the  Union, 
nothing  is  settled,  nothing  is  known,  nothing  can 
be  foretold;  and  it  may  so  happen  that  the  question 
will  at  last  be  narrowed  down  to  the  admission  or 
non-admission  of  that  State. 

At  an  early  period  of  the  session,  the  honorable 
gentleman  from  North  Carolina,  (Mr.  CLING- 
MAN,)  anticipating  this  as  a  possible  occurrence, 
threatened  that  the  minority  would,  in  such  event, 
defeat  that  measure  by  demanding  the  ayes  and 
noes  on  motions  to  adjourn,  and  motions  for  calls 
of  the  House,  and,  by  constantly  alternating  and  re 
peating-  these  motions,  consume  the  entire  session 
of  Congress,  preventing-  thereby,  not  only  the  ad 
mission  of  California,  but  also  the  passing  of  those 
appropriation  bills  indispensably  necessary  to 
carry  on  the  Government.  And  the  honorable 
gentleman  very  distinctly  intimated  that,  to  ac 
complish  this  object,  as  a  last  resort,  a  Bowie-knife 
tragedy  might  be  enacted  on  this  floor,  reducing 
the  members  of  this  House  to  a  number  below  a 
constitutional  quorum.  This  would  be  rebellion  in 
its  worst  form— a  factious  attempt  by  a  minority 
of  Congress  to  usurp  that  control  over  legislation 
which  the  Constitution  confers  upon  a  majority. 
Should  the  contemplated  contingency  arise,  I  trust 
the  majority  of  this  House  will  not  be  frightened 
from  its  propriety  by  this  offensive  appeal  to  its 
fears,  but  that  it  will  maintain  its  constitutional 
right  to  control  legislation  with  calmness,  dignity, 
and  firmness  ;  and  ^avoiding  all  disorderly  and  un 
becoming-  exhibitions  of  excitement,  it  will,  ii 
needful,  adjourn  from  day  to  day,  even  to  the  end 
of  the  session,  that  public  opinion  and  the  ballot- 
box  may  come  to  the  rescue,  and  properly  rebuke 
so  daring  and  reckless  an  assault  upon  the  funda 
mental  principle  of  republican  government.  But  I 
trust  no  such  necessity  will  arise.  I  have  respected 
and  esteemed  the  honorable  gentleman  from  North 
Carolina  so  much,  that  I  cannot  otherwise  regard 
his  declarations  than  as  an  ebullition  of  excited 
feeling,  rather  than  evidence  of  a  settled  purpose. 
I  am  sure  that  his  self-respect  and  his  love  of  coun 
try  will  make  it  impossible  for  him  to  attempt  the 
execution  of  a  threat,  made  in  the  heat  of  debate, 
and  uiidanctioned,  I  hope,  by  his  subsequent  calmer 
reflections. 

Mr.  Chairman,  we  are  so  constituted  that  we  of 
ten  resist  the  conviction  and  admission  of  unpalata 


ble  truths,  even  when  they  stand  revealed  to  our 
mental  vision  in  unmistakable  reality.  The  equi 
librium  of  political  power,  which  has  heretofore 
been  maintained  between  the  slaveholding  and 
non-slaveholding  States  of  the  Union,  will  present 
ly  be  a  fact  "consigned  to  the  receptacle  of  things 
lost  upon  earth;"  and  the  preponderance  of  politi 
cal  power  under  this  Government  will  pass,  never 
to  be  regained,  to  the  non-slaveholding  States.  Jn 
my  judgment,  the  best  interests  of  this  Republic 
require,  that  this  truth  should  be  frankly  declared* 
by  public  men,  and  recognised  by  the  people.  It- 
is  a  truth  which  raises  a  question  the  gravest  and 
most  important  that  any  people  were  ever  called 
upon  to  consider  and  decide.  That  question  is, 
Shall  the  Union  be  maintained  or  dissolved?  Is  it 
wiser  for  the  southern  States  to  quietly  acquiesce 
in  this  inevitable  transfer  of  political  power  to  the 
northern  States,  and  trust  for  their  safety  and  the 
security  of  their  property  to  the  justice  and  patriot 
ism  of  their  co-States,  and  the  guaranties  of  the 
Constitution,  "or  to  take  arms  against  a  sea"  of 
apprehended  dangers,  and,  by  dissolving  the  Union, 
seek  security  and  safety  in  the  organization  of  a 
southern  confederacy?  "To  this  complexion  it 
mu.":  last."  This  is  even  no iv  the  real 

lion.  I  have,  in  a  preceding  part  of  my  remarks, 
endeavored  to  show  what  and  whose  policy  has 
destroyed  that  equilibrium  of  power,  the  destruc 
tion  of  which  now  creates  so  much  anxiety  in  the 
slaveholding  States;  and  it  is  needless  for  me  to  re 
peat  what  I  nave  already  said  upon  that  subject.  I 
submit  to  the  results  of  a  policy,  the  consequences 
of  which  I  foresaw,  and  which  I  labored  in  vain  to 
defeat.  I  will  trust  to  the  guaranties  of  the  Con 
stitution,  and  to  the  justice  and  patriotism  of  those 
who  are  henceforth  to  wield  the^jower  which  it 
confers.  Not  until  this  reliance  fan,  will  I  permit 
myself  to  look  to  a  dissolution  of  the  Union  as  a 
remedy  for  existing  evils,  or  those  which  are  ap 
prehended.  *I  am  a  citizen  of  a  slaveholding 
State — I  am  the  representative  'of  a  slaveholding 
constituency — and  come  what  may,  in  connexion 
with  this  subject,  their  fate  shall  be  my  fate,  their 
destiny  my  destiny.  Identified  with  them,  and 
bound  to  them  by  all  ties  that  are  sacred  and 
strong,  I  declare  it  as  my  opinion  that,  while  the 
happiness,  welfare,  and  liberty  of  all  the  States  are 
involved  in  the  maintenance  of  the  Union,  the 
southern  States  are  pre-eminently  interested  in  its 
preservation.  And  if  my  voice  could  reach  the 
slave-owners  of  the  South,  I  would  tell  them  that 
the  Union  is  the  only  effective  safeguard  for  the 
security  of  that  peculiar  property  with  regard  to 
which  they  are  now  so  anxious;  and,  if  I  could,  I 
would  proclaim  to  them,  "in  a  voice  of  sevenfold 
thunder,"  that  those  are  practically  their  worst  ene 
mies  who  counsel  them  to  any  course  of  action  whit  it 
tends  to  its  destruction.  --.-  -  -  •'-  '-•  •  Y;  J  ; 

Mr.  Chairman,  it  must  be  a  source  of  happiness 
to  every  man  who(  loves  his  country  to  perceive 
that,  although  speeches  of  a  sectional  and  inflam 
matory  character  have  been  for  six  months  sent 
forth  Irom  this  Capitol,  and  scattered  broadcast 
over  the  land,  their  effect  seems  to  have  been  to 
tranquilize  rather  than  excite  the  public  mind.  The 
people  pause,  as  well  they  may,  when,  the  vortex  of 
disunion  and  civil  war  is  opened  to  their  view. 
They  refuse  to  volunteer  or  be  impressed  into  the 
service  of  disunionists.  They  will  not  enlist  under 
that  banner.  They  will  not  march  to  that  music. 
They  have  given  unmistakable  evidence  that  they 
are  devoted  to  the  Constitution  of  their  country,  and 
that  they  are  determined  to  sustain  and  uphold  the 
Government  bequeathed  to  them  by  their  ancestors, 
and  make  it,  in  all  time  to  come,  what  it  has  been 
in  time  past — the  beacon  light  of  liberty,  guiding 
the  nations  of  the  earth  to  political  redemption,  as 
the  star  of  Bethlehem  guided  to  the  Redeemer. 


